Open Letter to the United Nations Conference
Open Letter to the United Nations Conference
Open Letter to the United Nations Conference
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INTERNATIONAL CO-ORDINATING<br />
COMMITTEE OF NATIONAL<br />
INSTITUTIONS FOR THE<br />
PROMOTION AND PROTECTION OF<br />
HUMAN RIGHTS (ICC)<br />
ICC OPEN LETTER TO THE UNITED NATIONS CONFERENCE ON<br />
SUSTAINABLE DEVELOPMENT<br />
2 April 2012<br />
Dear Member States, Bureau members, UN, IGO and Major Groups,<br />
1. The International Coordinating Committee of National Institutions for <strong>the</strong> Promotion and<br />
Protection of Human Rights (ICC) is an international and independent body which promotes<br />
<strong>the</strong> establishment and streng<strong>the</strong>ning of NHRIs in conformity with <strong>the</strong> Paris Principles<br />
(Principles relating <strong>to</strong> <strong>the</strong> Status of National Institutions). Fully compliant NHRIs currently<br />
exist in 69 countries worldwide. In 2008 <strong>the</strong> ICC was incorporated under Swiss law with a<br />
Bureau of 16 voting members representing its four regions: <strong>the</strong> Americas, Africa, Asia and<br />
<strong>the</strong> Pacific and Europe. The ICC coordinates <strong>the</strong> relationship between NHRIs and <strong>the</strong> <strong>United</strong><br />
<strong>Nations</strong> human rights system and is unique as <strong>the</strong> only non-UN body whose internal<br />
accreditation system, based on compliance with <strong>the</strong> 1993 Paris Principles, enables access <strong>to</strong><br />
UN committees and <strong>the</strong> Human Rights Council.<br />
2. The ICC, cognisant of <strong>the</strong> importance of <strong>the</strong> <strong>United</strong> <strong>Nations</strong> <strong>Conference</strong> on Sustainable<br />
Development <strong>to</strong> be held in Rio de Janeiro, Brazil in June 2012, calls on States <strong>to</strong> ensure full<br />
coherence in <strong>the</strong> Outcome Document and for it <strong>to</strong> make explicit <strong>the</strong> link between efforts <strong>to</strong><br />
advance development and green economy with respect for human rights. To this end we echo<br />
<strong>the</strong> call from independent experts of <strong>the</strong> UN Human Rights Council <strong>to</strong> incorporate and<br />
provide for protection for universally agreed international human rights norms and standards.<br />
3. It is imperative that States pursue a model of economic growth which is socially and<br />
environmentally sustainable, just and equitable, and respectful of all human rights. The<br />
purpose of development is <strong>to</strong> enable people <strong>to</strong> live with dignity and <strong>to</strong> attain <strong>the</strong> highest<br />
standards of humanity guaranteed by international human rights laws. Human rights is both<br />
<strong>the</strong> end and <strong>the</strong> means of sustaining economic life and <strong>the</strong> key <strong>to</strong> securing <strong>the</strong> general<br />
welfare of <strong>the</strong> world's entire population. Human rights is <strong>the</strong>refore <strong>the</strong> most appropriate<br />
framework for concrete action <strong>to</strong> progress development, develop a green industry and<br />
eliminate poverty.<br />
4. Environmental degradation, including through <strong>the</strong> adverse impacts of climate change, is<br />
one of <strong>the</strong> most critical issues we all face for <strong>the</strong> future of our planet. Climate change has<br />
adverse implications for <strong>the</strong> full enjoyment of human rights and it is <strong>the</strong> global nature of<br />
climate change which calls for <strong>the</strong> widest possible cooperation by all countries in accordance<br />
with <strong>the</strong>ir common but differentiated responsibilities and respective capabilities and <strong>the</strong>ir<br />
social and economic conditions. It is imperative that all action <strong>to</strong> combat climate change is<br />
consistent with internationally agreed human rights. There is a need for explicit reference <strong>to</strong><br />
human rights in <strong>the</strong> Rio+20 Outcome Document. Reference <strong>to</strong> human rights moni<strong>to</strong>ring<br />
mechanisms will inform and streng<strong>the</strong>n policy and decision-making and help fulfil <strong>the</strong><br />
potential of national and international measures. Additionally, human rights moni<strong>to</strong>ring
mechanisms can prevent unintended but significant negative consequences of certain<br />
adaptation measures.<br />
5. We <strong>the</strong>refore call on all States <strong>to</strong> integrate a human rights based approach in <strong>the</strong> outcomes<br />
of <strong>the</strong> Rio+20 conference. In particular <strong>the</strong> Rio+20 Outcome Document should include:<br />
a. an integrated human rights-based approach <strong>to</strong> <strong>the</strong> institutional framework for<br />
sustainable development and a green economy.<br />
A human rights-based approach emphasises <strong>the</strong> empowerment of people, particularly those<br />
living in poverty, <strong>to</strong> participate in decisions which affect <strong>the</strong>ir human rights, including<br />
measures intended <strong>to</strong> combat climate change. It recognises <strong>the</strong> inherent dignity of every<br />
human being without distinction and so ensuring non-discrimination whilst enabling<br />
prioritisation of those in <strong>the</strong> most vulnerable circumstances. This can be in regard <strong>to</strong> access <strong>to</strong><br />
goods, services and resources essential for <strong>the</strong> realisation of human rights.<br />
A human rights-based approach also includes accountability of duty-bearers for <strong>the</strong> respect,<br />
protection and fulfilment of human rights, including through moni<strong>to</strong>ring and streng<strong>the</strong>ning<br />
capacity of duty-bearers <strong>to</strong> act <strong>to</strong>ge<strong>the</strong>r <strong>to</strong> realise those rights, including in measures of<br />
adaptation <strong>to</strong> climate change. It promotes national and international systems based on equity<br />
and social justice.<br />
b. specific references <strong>to</strong> all human rights, which are interdependent and mutually<br />
reinforcing, are essential, in particular <strong>to</strong> rights <strong>to</strong> information, participation and access <strong>to</strong><br />
justice.<br />
This would include <strong>the</strong> following: <strong>the</strong> rights <strong>to</strong> water and sanitation as endorsed by <strong>the</strong> UN<br />
General Assembly in resolution 64/292 of 28 July 2010 and <strong>the</strong> UN Human Rights Council in<br />
its resolution 15/L.14 of 30 September 2010; <strong>the</strong> right <strong>to</strong> adequate food as defined by <strong>the</strong><br />
Committee on Economic, Social and Cultural Rights in its General Comment 12 of 12 May<br />
1999, and supported unanimously by all FAO-members in 2004 when adopting <strong>the</strong> “Voluntary<br />
Guidelines on <strong>the</strong> progressive implementation of <strong>the</strong> right <strong>to</strong> adequate food in <strong>the</strong> context of<br />
national food security”; <strong>the</strong> responsibilities of private ac<strong>to</strong>rs and business enterprises as<br />
contained on <strong>the</strong> Guiding Principles on Business and Human Rights, endorsed by <strong>the</strong> UN<br />
Human Rights Council in its resolution 17/4 of 16 June 2011; <strong>the</strong> right <strong>to</strong> adequate housing as<br />
defined by <strong>the</strong> Committee on Economic, Social and Cultural Rights in its General Comment 4<br />
of 13 December 1991 and <strong>the</strong> protection of <strong>the</strong> environment, including <strong>the</strong> urgent issue of<br />
climate change as described by <strong>the</strong> Human Rights Council’s resolutions relevant <strong>to</strong> <strong>the</strong><br />
relationship between human rights and <strong>the</strong> environment, including resolution 16/11 of 24<br />
March 2011 on human rights and <strong>the</strong> environment, resolutions 7/23 of 28 March 2008, 10/4 of<br />
25 March 2009 and 18/22 of 30 September 2011 on human rights and climate change.<br />
Fur<strong>the</strong>rmore <strong>the</strong> UN Human Rights Council in resolution 19/10 of 22 March 2012 on “Human<br />
Rights and <strong>the</strong> environment” decided <strong>to</strong> appoint an independent expert on <strong>the</strong> issue of human<br />
rights obligations related <strong>to</strong> <strong>the</strong> enjoyment of a safe, clean, healthy and sustainable<br />
environment whose mandate includes working in consultation with Governments and all o<strong>the</strong>r<br />
human rights mechanisms including national human rights institutions.<br />
c. an accountability mechanism, which ensures specific, measurable, achievable and<br />
time bound commitments with an independent moni<strong>to</strong>ring process.<br />
Such national and international accountability mechanisms will facilitate <strong>the</strong> implementation<br />
of <strong>the</strong> Rio+20 commitments and could be integrated in or aligned with existing review<br />
frameworks, including <strong>the</strong> Universal Periodic Review of <strong>the</strong> Human Rights Council.<br />
6. NHRIs can play a supportive, strategic and distinctive role at both international and<br />
national levels in supporting states <strong>to</strong> include and adopt such a human rights-based approach
<strong>to</strong> environmental protection and sustainable development. The ICC <strong>the</strong>refore supports<br />
member States in <strong>the</strong>ir efforts <strong>to</strong> address <strong>the</strong>se challenges urgently so that <strong>the</strong> Rio+20 Summit<br />
takes up its shared responsibility <strong>to</strong> secure renewed political commitment for sustainable<br />
development, <strong>to</strong> review progress, identify remaining implementation gaps and assess new<br />
and emerging challenges.